You may still be mourning the loss of a family member. If this loved one’s death is the result of someone else’s negligence, you may want to seek legal help from a Princeton personal injury lawyer. You may be able to work with a Princeton wrongful death lawyer to pursue damages from the party who caused your family member’s death.
For those in need of legal help with a death claim, Demand Rand. By partnering with Rand Spear, The Accident Lawyer, you can get legal help from a team that has helped clients recover millions in damages in personal injury cases in New Jersey and Pennsylvania. To learn more, reach out to us.
Wrongful Death Definition
A death is considered “wrongful” if it is the result of an act of negligence. There are many reasons why wrongful deaths are reported. These include:
- Car accident
- Defective product
- Medical malpractice
- Slip and fall accident
A Princeton wrongful death attorney can provide personal injury resources relating to injury claims. Rand Spear, The Accident Lawyer, can share our resources with you and help you determine if you are eligible to submit a death claim. For more information, get in touch with us.
Who Can File a Wrongful Death Claim
There are restrictions on who can file a wrongful death lawsuit. In New Jersey, you must be a personal representative of the estate of a deceased person (decedent) to submit a claim. This representative may be a relative of the decedent, such as:
- Child
- Parent
- Sibling
- Spouse
A wrongful death lawyer in Princeton can help you verify you meet the criteria for filing a claim. If so, your attorney may encourage you to submit your claim right away. Otherwise, if you miss the statute of limitations for doing so, you may be ineligible to pursue damages.
Princeton Wrongful Death Lawyer Near Me (215) 985-2424
Wrongful Death Claim Statute of Limitations
The statute of limitations for a death claim may extend up to two years. This time frame may not be extended. If you choose not to submit a claim, you may be solely responsible for any losses relating to your family member’s death.
A wrongful death attorney in Princeton will review your case carefully. If you have a valid claim, they may file it on your behalf. This claim may go through an at-fault party’s insurance company.
Just because you pursue compensation through a liable party’s insurer does not guarantee you will receive damages. This insurance company may do everything in its power to deny your claim. Regardless, your attorney advocates for you, represents you in negotiations with insurance carriers, and helps you get damages.
How Much a Wrongful Death Case Is Worth
The average wrongful death settlement depends on many factors. Your Princeton wrongful death attorney can help you calculate your losses. They may encourage you to ask for damages for many reasons, such as:
- Burial and funeral expenses
- Lost wages
- Medical expenses
- Suffering and pain
You are responsible for the burden of proof. This means you must provide a sufficient amount of evidence to validate your claim. If you cannot make it clear to a judge or jury that you deserve damages, they may rule in the defendant’s favor.
Proving Negligence
You may have questions about the meaning of negligence in law. In a death case, your attorney can answer these questions and others. They will help you show an at-fault party was negligent, which may allow you to get damages.
To prove negligence, you must illustrate that an at-fault party acted in a careless and reckless manner in spite of the fact that they had a duty of care to your family member. By acting this way, the party violated their legal obligation to your loved one, which led to their death. You must also verify that the party’s actions have caused you to incur economic or non-economic losses.
You may use medical records and other forms of evidence to support your claim. If you have a body of proof, it may be difficult for the defendant to dispute your argument. This may lead the defendant to offer a fair settlement.
Modified Comparative Negligence in a Wrongful Death Case
There is a modified comparative negligence statute in effect relating to auto accident cases and other wrongful death claims. Based on this, you may not recover damages if your family member was primarily responsible for an accident that led to their death. Also, you may get a portion of the compensation you initially requested if the decedent was less than 50% liable for their death.
For example, a family member may die in an auto accident caused by a motorist who was speeding. A judge or jury may find the driver was 80% responsible. If this occurs, you may receive 80% of the damages you originally sought.
Alternatively, a judge or jury may say your family member was mostly responsible for the incident that led to their death. In this situation, they may be more to blame for this incident than the defendant. As such, the defendant may not be required to pay you damages.
Wrongful Death Case Settlement
An attorney explores every avenue to help their clients get the verdicts and settlements they want. Your lawyer may receive a settlement proposal from the defendant in your case. If this happens, it may be best to discuss the offer with your Princeton wrongful death lawyer.
With help from your attorney, you can weigh an offer’s pros and cons. On top of that, your lawyer can answer any questions you have about the offer. They can explain if they feel it is in your best interests to approve or decline an offer and help you make an informed decision on it.
You make the final decision on a settlement proposal. If you are not happy with an offer, you may reject it without incurring any penalties. In this scenario, you and your attorney continue to focus on building your case and getting ready for your trial.
Hire a Lawyer
Losing a family member due to an act of negligence can be mentally and emotionally taxing, but help is available. Rand Spear, The Accident Lawyer, will protect your legal rights and help you seek damages from anyone responsible for your loved one’s death. To schedule a free case consultation, contact us today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
